Length of Time a petition for dissolution of marriage is valid after reconciliation

[KathySMaloy]

My Husband and I were married in 2004. In 11/2007 he filed petition for dissolution of marriage. Subsequently there after in 12/2007 we reconciled and have been living together until 4/2011. We have a 5 year old son together and I have been a stay at home mom and have been helping him in his business at the same time.

The problem is for some reason the original petition for dissolution of marriage was never dropped and despite all the time remained open. the last activity of any type on the case was in 3/2009 when my husbands attorney filed a request to produce. We have now decided to go forward with the divorce. However, my husband is claiming the length of our marriage for the purpose of computing alimony is only 3 years not 7, because per the Florida Statute on Alimony; the length of marriage is the period of time form the date of marriage until the date of filing of an action for dissolution of marriage. (He makes over $500,000/year and does not want to pay alimony.)

Is his original petition for dissolution of marriage still valid? It does not seem fair that the court would view the length of our marriage as only 3 years when we have been living together as husband and wife for almost 7 1/2 years.

Can the judge deny this petition for dissolution of marriage, since we reconciled and have been together for the last 3 1/2 years?

[Attorney Howard Iken]

I believe the judge will consider the length of your marriage to be the actual length - not a fantasy as the old petition implies.